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COMMUNICATION 



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TROM THE 



EXECUTIVE OF DEL.AWAUE, 



TO THE 



EXECUTIVE OF MARYLAND, 



ENCLOSING 



Resolutions relative to a Convention of the States. 

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ANNAPOLIS: 

J. HUGHES, PRINTER. 

1833. 



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COMMUNICATION, &c. 



EXECUTIVE DEPARTMENT, 

Dover, Delaware, January 31st, 1833. 
Sir: — In obedience to a resolution of the General As- 
sembly of this State, I have the honor to transmit a copy of 
the Resolutions adopted on the 25th instant, on the sub- 
ject of certain Resolutions passed by the Legislature of the 
State of South Carolina, calling a Convention of the State. 
With all respect, 

I am, very respectfully, 

Your obedient servant, 
C. P. BENNETT. 
To His Excellexcy, 

THE Governor of Maryland. 



RESOLUTIONS. 

Whereas, certain Resolutions, passed in December lastjr 
by both branches of the Legislature of South Carolina, de- 
claring "that it is expedient that a Convention of the States 
be called as early as practicable, to consider and determine 
such questions of disputed power, as have arisen between 
the States of this confederacy and the General Government" 
— have been transmitted by the Executive of that State, to- 
the Governor of this, and by him laid before the General As- 
sembly, for an expression of its Sentiments: — Therefore, 

Resolved, by the Senate and House of Representatives of 
the State of Delaware, in General Assembly met, that the 
Constitution of the United States of America, which is a 
form of Government established by the people of the United 
Stales of America, has expressly provided a tribunal in the 
Supreme Court of the United States, for the settlement of 
all controversies between the United States and the re- 
spective States, and of all controversies arising under that 
instrument itself. 

Resolved, That the Constitution of the United States of 
America, doe-j not recognize any such tribunal or political 
assemblage as a Convention of the States; but has express- 
ly provided for modes of amendment, if amendment be ne- 



eessarjT, in the fifth article, as follows: "The Congress, 
whenever two thirds of both Houses shall deem it necessary, 
shall propose amendments to this Constitution: or on the 
application of the Legislatures of two thirds of the several 
States, shall call a convention .for proposing amendments, 
which, in either case, shall be valid, to all intents and pur- 
poses, as part of this constitution when ratified by the Le- 
gislatures of three fourths of the several States, or by con- 
ventions in three fourths thereof, as the one or the other 
mode of ratification may be proposed by the Congress." 
Any other mode must therefore be repugnant to its provi- 
sions. 

Resolved^ That such a Convention to propose amend- 
ments, when called by Congress, must be, in the nature of 
things, a Convention of the people from whom the Consti- 
tution derived its authority, and by whom alone it can be 
altered, and not a convention of the States. 

Resolved^ That no such political assemblage as a Con- 
vention of the States, could take place as a constitutional 
organ of government; and that, if assembled, it could have 
no such power as that set forth by the Resolutions of South 
Carolina, "to consider and determine such questions of dis- 
puted power as have arisen between the States of this Con- 
federacy and the General Government." 

Resolved, That it is not expedient for Congress to call 
"a convention for proposing amendments"' at this time. — 
But that if any amendments be necessary, it comports with 
the views of the General Assemb'y of this State, that they 
should be proposed in the other mode provided by the Con- 
stitution — "by two thirds of both Houses of Congress." 

Resolved, That the governor be requested to transmit 
copies of these reolutions to the Governors of the several 
States, with a request that they may be laid before the Le- 
gislatuses of the respective States; and also to our Senators 
and to our Representative in Congress, t« be by them laid 
before Congress for consideration. 

JOSHUA BURTON, 
Speaker of the Senate. 
THOMAS DAVIS, 
Speaker of the House of Representatives. 

Passed at Dover, 

January 25, 1833. 



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